Is it possible to issue a writ of execution (2010)

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Description Is it possible to issue a writ of execution (2010)

Objective 1


Is it possible to issue a writ of execution based on the following jurisdictional acts:

1) the decision of the court of general jurisdiction for divorce;

2) The decision of the arbitration court for the recovery of the debt;

3) a court order for alimony;

4) the decision of the court of general jurisdiction of the eviction;

5) determination of the arbitral tribunal to terminate the proceedings in connection with the settlement agreement;

6) the arbitration court's dismissal of the case in connection with the settlement agreement;

7) notarized agreement on the payment of alimony;

8) decision on the recovery of arrears of premiums.

If yes, specify the procedure for issuing a writ of execution.


Task 2


Indicate which of the following cases, be subject to the suspension of enforcement proceedings:

1) the debtor appeals the decision of the bailiff to institute enforcement proceedings in court;

2) the debtor appeal against the court's decision, issued on the basis of which the writ of execution on appeal;

3) the debtor has brought to the Presidium of the Regional Court against the decision of the supervisory district court, on the basis of which the writ is issued;

4) The decision of the arbitration court of cassation quashed the decision of the arbitral tribunal on the approval of a settlement agreement, under which the writ is issued, the case was sent for retrial;

5) the organization of the debtor appeal against the court decision of the tax authority for the recovery of tax debts (collection) from the assets;

6) the debtor is appealing the decision of a court bailiff for the recovery of the collection of the executive;

7) The claimant is appealing inaction bailiff in the execution of the executive document;

8) the third party asked the court to release the property from seizure (exclusion from the inventory);

9) the debtor is on a six-month internship in the United Kingdom;

10) concerning the organization of the debtor in bankruptcy court proceedings of recognition of its insolvency. (Optional: in the proceedings by the arbitral tribunal external control procedure).

Specify the order and terms of the suspension of enforcement proceedings.


Objective 3


Murzin sentenced upon conviction for fraud in shares. Within the framework of the criminal case is resolved a number of claims of victims - the citizens and organizations - to recover from Murzina 1 700 000 rubles. in respect of pecuniary damage.

During the execution of the judgment of the Court in respect of pecuniary damage bailiff established affiliation Murzin following property:

- Two-bedroom apartment (registered in the name of the spouse Murzina) and is in her property;

- Two cars (registered in the name Murzina);

- Land on the waterfront with cottages.

Terms bailiff made the arrest of the said property.

Murzin - the spouse of the debtor - appealed to the bailiff with a request to lift the attachment of the apartment and is in her property, as well as land with cottages on the grounds that the property acquired during the marriage Murzin her.

Utkin - cousin Murzin - asked the bailiff to arrest a statement withdrawing from the car, indicating that they were two years ago, they have been acquired Murzina of the contract of sale. The application shall be accompanied by a written sales contract and power of attorney (in writing) to drive the car. Issued Murzin Utkin.

The petition Murzina and Utkin bailiff refused. Pointing out that 50% of funds (proceeds from the sale of the apartment, located in its property and land with country house) will be returned to his wife Murzina; contract of sale of automobiles and power of attorney to manage not certified by a notary. Cars registered in the SAI for Murzin.

Evaluate the actions and arguments of the Court

Additional information

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